The European Parliamentary Elections (Local Returning Officers' Charges) (Scotland) Order 2009

Explanatory Note

(This note is not part of the Order )

This Order, which applies in Scotland, provides for the expenses of local returning officers at European Parliamentary elections. Local returning officers are defined by section 6(5A) of the European Parliamentary Elections Act 2002 and discharge functions in each local counting area in accordance with regulation 6 of the European Parliamentary Elections Regulations 2004 (the “2004 Regulations”).

Under regulation 15(1) of the 2004 Regulations the entitlement of a local returning officer at a European Parliamentary election to recover his charges in respect of his services or expenses for or in connection with such an election depends upon–

(a) the services or expenses being necessarily rendered or incurred for the efficient and effective conduct of the election; and

(b) the total of the charges not exceeding the overall maximum recoverable amount specified in or determined in accordance with an order made by the Secretary of State.

No overall maximum recoverable amount has been specified for contested elections. For uncontested elections the overall maximum recoverable amount is specified as being the aggregate of the maximum recoverable amount for services and the maximum recoverable amount for expenses.

Under Regulation 15(2) of the 2004 Regulations the Secretary of State may specify maximum recoverable amounts for services and expenses of specified descriptions. For contested elections, Part A of the Schedule to this Order specifies the maximum recoverable amounts for services (conducting the election, discharging his duties at the election and making arrangements for the election). Part B specifies the maximum recoverable amounts for certain kinds of expenses. Article 4(4) provides for the maximum recoverable amount for the kinds of expenses listed in Part C to be £500,000. For uncontested elections article 5(2) specifies the maximum recoverable amount for the services and expenses specified in Parts A, B and C of the Schedule.

A full regulatory impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.